Will the NAFTA ISDS Changes Deliver any Votes?

Public Citizen Global Trade Watch Director Lori Wallach told reporters during that call that while she thinks “public citizens” would prefer no ISDS language in the North American Free Trade Agreement at all, the U.S.-Mexico deal “can be widely supported, especially after the domestic exhaustion.”

Wallach said the U.S. and Mexico agreed to replace Chapter 11B, the section of NAFTA that contains ISDS language, with two annexes. The most important aspect of the first annex is the domestic exhaustion component, which requires investors to use all possible domestic remedies first, then wait until 30 months pass before resorting to ISDS, she said.

According to Wallach, Canada agreed to the elimination of Chapter 11B earlier this year, before trilateral talks were put on hold. Canada and the U.S. continue to work on bilateral issues with an eye toward striking a trilateral deal, though the U.S. and Mexico say they are prepared to proceed regardless.

I hadn't heard some of these detail about the changes that have been made to ISDS, and I believe them as Lori probably knows these things. She also sounds more positive about a trade agreement than I have ever heard her sound (I would have thought she would insist on a broader pullback, but I haven't seen all the details yet, so perhaps there is more to it). Does that mean she will support the new NAFTA? And can she help deliver the votes of any Democratic members of Congress?

UPDATE:

Inside US Trade later a correction to the article, "to better reflect the views of those quoted." I no longer see the “can be widely supported" language, which is what made me think Lori sounded positive.

Comments

Public Citizen Global Trade Watch Director Lori Wallach told reporters during that call that while she thinks “public citizens” would prefer no ISDS language in the North American Free Trade Agreement at all, the U.S.-Mexico deal “can be widely supported, especially after the domestic exhaustion.”

Wallach said the U.S. and Mexico agreed to replace Chapter 11B, the section of NAFTA that contains ISDS language, with two annexes. The most important aspect of the first annex is the domestic exhaustion component, which requires investors to use all possible domestic remedies first, then wait until 30 months pass before resorting to ISDS, she said.

According to Wallach, Canada agreed to the elimination of Chapter 11B earlier this year, before trilateral talks were put on hold. Canada and the U.S. continue to work on bilateral issues with an eye toward striking a trilateral deal, though the U.S. and Mexico say they are prepared to proceed regardless.

I hadn't heard some of these detail about the changes that have been made to ISDS, and I believe them as Lori probably knows these things. She also sounds more positive about a trade agreement than I have ever heard her sound (I would have thought she would insist on a broader pullback, but I haven't seen all the details yet, so perhaps there is more to it). Does that mean she will support the new NAFTA? And can she help deliver the votes of any Democratic members of Congress?

UPDATE:

Inside US Trade later a correction to the article, "to better reflect the views of those quoted." I no longer see the “can be widely supported" language, which is what made me think Lori sounded positive.